Victims of torture in Doraville asylum cases are often likely to submit a successful application for asylum. However, to better ensure that an application is successful, it is recommended to speak with an attorney about your case before taking any action. The US government takes any threats of torture seriously and will look to examine any claim of torture with as much evidence as possible. As a result, a skilled attorney at Solano Law Firm would prove to be vital since they can help organize the evidence you have and present it to the government on your behalf.
An applicant does not necessarily have to prove that they were tortured. Judges and officers would consider a number of factors when deciding whether the experience amounts to persecution.
Torture is often enough to qualify as persecution, but all sorts of different situations could be considered persecution and the judge and officer are required to consider the entire experience. This could include certain types of threats, certain types of kidnapping, and any type of physical assault.
If the applicant is trying to prove that they are under threat of torture, the government would ask for evidence of that threat from witnesses who they either told at the time that they had been threatened, or who witnessed them be threatened with torture.
They may also want some kind of evidence, like articles or reports from the country that document instances where the government or government actors have tortured people in that country.
The interview process could vary depending on the circumstances of a person’s case. If they are in an interview at USCIS, it is generally more of a question and answer type of interview, although some officers can take more of an interrogation approach.
If they are in court presenting their claim, then often, the government attorney is working directly against them, and will question them and their credibility to try to prove either that they are not actually under threat of persecution or torture or that the particular threat that they fear does not qualify under the law.
Generally, they would want to practice those questions that they might expect, either in an interview or in court. Applicants should also practice with any witnesses that they want to present during direct testimony and cross examination, which will involve questions asked by a government attorney.
They can also best prepare by submitting as much documentary evidence as they have available so that the judge has evidence outside of testimony where he can see that they are telling the truth, and that it is a truth that is recognized widely.
The Conventions Against Torture (CAT) under the United Nations are a form of protection for people who believe that they will likely be tortured by their government if they return to their home country. People can be disqualified from asylum for a number of reasons, such as because of criminal convictions or a late application. When this is the case, and they do fear torture at the hands of the government, a person could still apply for CAT.
Withholding of removal is a form of relief under the conventions. It can be granted if a person otherwise does not qualify for asylum, either because they missed the one-year deadline, they have criminal convictions that make them ineligible, or because they fear torture in their home country or a reason other than their race, nationality, religion, political opinion, or social group.
It is important to note that CAT does not grant an applicant permanent resident status. If someone is granted withholding of removal under CAT, they are not eligible for LPR and would instead be offered work authorization. They would be allowed to stay in the country legally but would not be allowed to travel outside of the country. Their status could also be revoked if there is a change in circumstances in their home country.
If you or someone you love were victims of torture and are seeking asylum in the United States, be sure to schedule a consultation with one of our experienced attorneys. A lawyer experienced in working with victims of torture in Doraville asylum cases could give you the experience necessary for obtaining asylum.